The Social Security Benefit (Persons Abroad) Regulations 1975

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Social Security Benefit (Persons Abroad) Regulations 1975 and shall come into operation on 6th April 1975.

(2) In these regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1975;

[F1 “bereavement allowance” means an allowance referred to in section 39B of the Social Security Contributions and Benefits Act 1992;]

[F1 “bereavement benefit” means a benefit referred to in section 20(1)(ea) of the Contributions and Benefits Act;]

[F2 “bereavement payment” means a payment under section 36 of the Contributions and Benefits Act 1992;]

[F3 “the Child Benefit Act” means the Child Benefit Act 1975]

[F4 “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

“the Contributions Regulations” means the Social Security (Contributions) Regulations [F5 1979];

“the former Death Grant Regulations” means the National Insurance (Death Grant) Regulations 1973;

“the former Principal Act” means the National Insurance Act 1965;

“the former Widow's Benefit and Retirement Pensions Regulations” means the National Insurance (Widow's Benefit and Retirement Pensions) Regulations 1972;

[F6 “guaranteed minimum pension” has the meaning given to it in section 26(2) of the Social Security Pensions Act 1975 as construed in accordance with section 9 of the Social Security Act 1986;]

F7 ...

“the Industrial Injuries Employment Regulations” means the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975;

[F8 “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;]

[F9 “the other party” in the case of a person who has been married or been in a civil partnership more than once, refers to the person by virtue of whose contributions that person is entitled to the benefit in question;]

“the Overlapping Benefits Regulations” means the National Insurance (Overlapping Benefits) Regulations 1975;

“the former Old Persons' Pensions Regulations” means the National Insurance (Old Persons' Pensions) Regulations 1970;

“retired” means retired from regular employment;

[F10 “serving member of the forces” has the meaning given to it in regulation 1(2) of the Contributions Regulations;]

[F11 “shared additional pension” means a shared additional pension under section 55A [F12 or 55AA] of the Contributions and Benefits Act;]

“the Special Provisions Regulations” means the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974:

“the Widow's Benefit and Retirement Pensions Regulations” means the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974;

“widow's benefit” and “widow's pension” include benefit under section 39(4) of the Act corresponding to a widow's pension or a widowed mother's allowance;

[F1 “widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992;]

[F13 “child benefit” means benefit under Part I of the Child Benefit Act;]

[F13 “entitled to child benefit” includes treated as so entitled;]

and other expressions have the same meanings as in the Act.

(3) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument, and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.

(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.

Textual Amendments

F1 Words in reg. 1(2) inserted (9.4.2001) by The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/2876), regs. 1, 2(2)

F2 Words in reg. 1(2) inserted (20.8.2001) by The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2001 (S.I. 2001/2618), regs. 1, 2(2)

F3 Words in reg. 1(2) inserted (4.4.1977) by The Social Security (Child Benefit Consequential) Regulations 1977 (S.I. 1977/342), regs. 1(1), 13(2)(a)

F4 Words in reg. 1(2) inserted (16.11.1992) by The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 (S.I. 1992/2595), regs. 1, 9

F5 Word in reg. 1(2) substituted (1.4.1982) by The Social Security (Maternity Grant) Regulations 1981 (S.I. 1981/1157), regs. 1, 3(2)

F6 Words in reg. 1(2) inserted (6.4.1990) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1990 (S.I. 1990/621), regs. 1, 2(2)

F7 Words in reg. 1(2) omitted (6.4.2010) by virtue of The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 3(a)

F8 Words in reg. 1(2) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 23(2)

F9 Words in reg. 1(2) inserted (6.4.2010) by The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 (S.I. 2010/788), regs. 1, 3(b)

F10 Words in reg. 1(2) inserted (8.2.1990) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1990 (S.I. 1990/40), regs. 1(1), 2(2)

F11 Words in reg. 1(2) inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 4(2) (with reg. 10)

F12 Words in reg. 1(2) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 3

F13 Words in reg. 1(2) added (4.4.1977) by The Social Security (Child Benefit Consequential) Regulations 1977 (S.I. 1977/342), regs. 1(1), 13(2)(b)